For non-citizens, the immigration consequences of a criminal conviction may be far greater than any punishment of incarceration and/or a fine. Almost all criminal convictions impact the immigration status of people who are not U.S. citizens, and may adversely affect a non-citizen's ability to enter, remain or obtain permanent residence status (green card) and citizenship in the United States.

Since 9/11, the U.S. government has devoted greater effort toward locating and deporting non-citizens, including permanent residents (green card holders), convicted of criminal offenses. Immigration authorities now regularly visit jails, placing immigration holds on anyone who may be subject to deportation. Even traffic stops can bring a person to their attention. Criminal history checks are now run on every person who files an application with the Immigration Service, even for simple green card renewals. In addition, immigration officials at airports and other ports of entry now have access not only to immigration computer databases, but also to state criminal history databases. Therefore, many people who never had problems traveling in and out of the U.S. before are now being stopped at airports and placed in deportation proceedings.

Most criminal convictions affecting status are not specifically listed in immigration laws, but instead, fall into broad categories of crimes. One such category is the classification of crimes involving moral turpitude, which is extremely broad and has been defined by case law to include all crimes involving fraud, theft, the intent to cause, or recklessness in causing harm to a person or property, and sometimes where malice or lewdness is an element of the crime. Convictions of offenses that do not involve moral turpitude, such as drunk driving and simple assault, generally will not create problems for non-citizens.

A single crime of moral turpitude may prevent a non-citizen from becoming a permanent resident (green card holder) and bar a non-citizen's admission to the U.S., including returning permanent residents. There is an important exception; however, for those with only one misdemeanor conviction. A single offense may also result in deportation for non-citizens in some cases, and two or more convictions, where the offenses occurred on separate occasions, will always make the individual subject to deportation.

Crimes considered to be "aggravated felonies" bring the most severe punishment under immigration laws. These crimes, not only subject non-citizens to the same immigration consequences described above, they also bar eligibility for most waivers or other relief available to non-citizens to stop deportation. A common myth about this classification of crimes is that the crime must be a "felony" to count as an "aggravated felony" under immigration law, when in fact; there are many misdemeanor offenses that are considered to be "aggravated felonies" for immigration purposes. Some examples of aggravated felonies include, drug trafficking offenses, crimes of violence, theft or burglary where the sentence imposed is one year or longer, and crimes involving fraud exceeding $10,000.

In many cases, the immigration laws provide non-citizens convicted of crimes the opportunity to seek a waiver or other forms of relief that may allow them to remain in or be admitted to the United States. The viability of such waivers often depends on the nature of the person's criminal history, the individual's immigration status, length of residence in the U.S. and existence of family members who are permanent residents (green card holders) or U.S. citizens.

If you are not a U.S. citizen, you should immediately seek the advice of an immigration attorney upon being charged with a crime. Most criminal defense attorneys are not familiar with specific immigration consequences of crimes. The immigration attorney can advise you of immigration consequences and work with your criminal defense attorney in constructing an alternative plea that minimizes those consequences. Also, if you have ever been convicted of a crime, it is wise to consult a knowledgeable immigration attorney before applying for a green card, citizenship or other immigration benefit, or before leaving on a trip outside the U.S. if you plan to return.